Collecting Unemployment Benefits in Oregon

Learn the unemployment eligibility rules, benefit amounts, and more for Oregon.

In Oregon -- as in
every other state -- employees who are temporarily out of work through no fault
of their own may qualify for unemployment benefits. The eligibility rules,
prior earnings requirements, benefit amounts, and other details vary from state
to state. Here are the basic rules for collecting unemployment compensation in Oregon
.

Eligibility for Unemployment in Oregon

In Oregon , the Employment Department handles unemployment
benefits and determines eligibility on a case-by-case basis. Applicants must
meet the following three eligibility requirements in order to collect
unemployment benefits in Oregon :

• Your
past earnings must meet certain minimum thresholds.

• You
must be unemployed through no fault of your own, as defined by Oregon law.

• You
must be able and available to work, and you must be actively seeking employment.

Past Earnings

Virtually all states look at your recent work history and
earnings during a one-year "base period" to determine your
eligibility for unemployment. (For more information, see Nolo's article, Unemployment
Compensation: Understanding the Base Period). In Oregon , as in most
states, the base period is the earliest four of the five complete calendar
quarters before you filed your benefits claim. For example, if you filed your
claim in October of 2013, the base period would be from June 1, 2012, through
May 31, 2013.

During the base period, you must meet at least one of the
following requirements in order to be eligible for unemployment:

You must have earned at least $1,000 in wages
during the base period, and your total wages in the base period must be at
least 1.5 times the wages in the highest quarter in your base period, or

You must have worked at least 500 hours during
the base period.

Reasons for Unemployment

You must be out of work through no fault of your own to
qualify for unemployment benefits.

Layoffs. If you were
laid off, lost your job in a reduction-in-force (RIF), or got
"downsized" for economic reasons, you will still meet this
requirement.

Firing. If you were
fired because you lacked the skills to perform the job or simply weren't a good
fit, you won’t necessarily be barred from receiving benefits. However, if you
engaged in “misconduct,” you will not be eligible to receive unemployment. In Oregon,
among other things, misconduct means an intentional violation of the employer’s
rules, the failure to conform to standards which an employer can reasonably
expect from an employee, or careless behavior that is so frequent or severe that
it shows a disregard for the employer’s interests. For example, showing up to
work under the influence of alcohol or drugs or having several unexcused
absences after written warning would typically qualify as misconduct.

Quitting. If you
quit your job, you won't be eligible for unemployment benefits unless you had
good cause for quitting. In general, the good cause requirement will be
satisfied if the average person in your situation would have had no other
choice but to leave the position. For example, if your working conditions posed
a threat to your health and safety and your employer refused to do anything about
it, this would likely qualify as good cause. On the other hand, quitting
because you weren’t happy with the pay would not qualify as good cause.

Availability to Work

To maintain your eligibility for unemployment benefits, you
must be able to work, available to accept a job, and looking for employment. (For
more information, see Nolo's article, Collecting
Unemployment: Are You Able, Available, and Actively Seeking Work?) If you’re
offered a suitable position, you must accept it. For the initial unemployment
period, whether a position is suitable depends on several factors, including
the level of skill and training required, the similarity between the work and
your previous employment, how much the position pays, and the distance between the
job site and your residence. However, as time goes on, you will be expected to
modify your standards and consider accepting work that requires less skill or
that pays lower wages.

You must conduct a reasonable search for work, which
includes contacting new employers each week. You should keep a record of your
job search efforts, including the employers you have contacted, the dates you
made contact, and the outcome. The ED may contact you or your employer contacts
to verify your efforts.

Amount and Duration of Unemployment Benefits in Oregon

Your weekly benefit amount will be 1.25% of the total wages
in your base period, subject to a weekly minimum of $126 and a maximum of $538.
Benefits are available for up to 26 weeks. For an estimate of your weekly benefit, use the Oregon Unemployment
Insurance Estimator.

How to File a Claim for Unemployment Benefits in Oregon

You may file your claim for unemployment benefits online, by
phone, by fax, or by mail. You can find online filing information and contact
information at http://www.oregon.gov/EMPLOY.
Once you file, you must continue to file weekly claims with the ED for each
week for which you are claiming benefits.

Once it receives your application, the ED will send you some
documents, including a Wage and Potential Benefit Report indicating your
potential benefit amount and duration.

How to Appeal a Denial of Unemployment Benefits in Oregon

If your claim for unemployment is denied, you have 20 days
to appeal the decision with the Office of Administrative Hearings. You can
request a hearing by sending a letter or fax to the Office of Administrative
Hearings.

After receiving your appeal request, a hearing will be
scheduled to receive evidence from both you and your employer. An
Administrative Law Judge (ALJ) will conduct the hearing by telephone and issue
a written decision. If you disagree with the ALJ’s decision, you may appeal to
the Employment Appeals Board by the date stated in the ALJ’s notice of
decision. And, if you disagree with the Board’s decision, you may file an
appeal with the Oregon Court of Appeals.

The ED provides additional information on the unemployment
process at its website, http://www.oregon.gov/EMPLOY/Pages/index.aspx
(select "File for Unemployment Benefits" to apply for benefits
online, find out current eligibility requirements and benefit amounts, learn
about the appeals process, and much more).